Does A Canadian with a USA-Based Trust Need a B-1 Visa
In short, the answer should be "NO" 99.9% of the time. To travel as a B-1 without a Visa, the visit must be for less than 180 days, and the individual cannot, in any way, be working or providing services in the U.S., or being paid in the U.S. If one is traveling to do trust business inside the USA, then yes a B-1 Visa is required. If one visits the USA merely for pleasure, they can avoid the B-1 Visa requirement. Examples of permissible B-1 business activities not requiring a visa:
- Attending meetings to sell products made abroad;
- Meet with local colleagues to report on status of foreign company;
- Receive training that will assist with position in foreign company;
- Receive technical info/direction from U.S. counterparts;
- Represent foreign company in negotiations with U.S. companies (in addition to sales, this could be strategic agreements, partnerships, or merger discussions);
- Provide aftersales service to products made in Canada provided service is part of original sales contract; and
- Review of accounting/reports or technical data related to the status of the U.S. operations.
To break it down further, one must demonstrate the following in order to be eligible for a B-1 Visa:
- The purpose of the trip is to enter the United States for business of a legitimate nature;
- Must have a plan to remain for a specific limited period of time;
- Must have sufficient funds to cover the expenses of the trip and stay in the United States;
- Must have a residence outside the United States with no intention of abandoning; and
- Must be admissible to the United States.
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